Did UCSD breach professor's academic freedom?

The University of California San Diego faculty assembly has expressed "grave concern" about what it deems a violation of academic freedom and called on the administration to acknowledge and correct the situation.

The issue involves Richard Biernacki, a professor of sociology, and Jeff Elman, dean of the Division of Social Sciences.

In June 2009, Biernacki submitted a manuscript titled "Inside the Rituals of Social Science" to Duke University Press. The manuscript examines what Biernacki calls "methodological problems in the field” and critiques the work of other sociologists, including one of Biernacki’s colleagues at UCSD.

The same month Elman wrote Biernacki a letter ordering him not to publish his work or discuss it at professional meetings. Doing so, Elman wrote, could result in "written censure, reduction in salary, demotion, suspension or dismissal."

Elman did not respond to a request for comment. But his concern, according to his letter to Biernacki, was that Biernacki’s research and manuscript "may damage the reputation of a colleague and therefore may be considered harassment."

The Academic Senate’s Representative Assembly voted overwhelmingly Tuesday in favor of a resolution decrying the situation after hearing a detailed and strongly worded report from its Committee on Academic Freedom.

Suresh Subramani, who has served as senior vice chancellor for academic affairs at UCSD since October 2010, spoke briefly at the assembly meeting and told the audience that "even a suggestion" of a violation of academic freedom "is something that I don’t tolerate."

His assurances, however, did not satisfy the faculty members.

The three-member Committee on Academic Freedom conducted an extensive investigation into the matter, including meeting with Elman and other parties; reading related "publications, manuscripts and regulations"; consulting with the University of California’s systemwide Committee on Academic Freedom; and consulting with a "nationally recognized authority on academic freedom."

In their formal report to the assembly, the committee members wrote: "We cannot avoid the conclusion that the dean’s letter contains clear and unacceptable violations of core academic freedom rights, violations that were apparently implicitly or explicitly supported by others in the university’s administration at the time."

The concern that senior administrators supported Elman stems from Elman’s statement to the committee members, according to their report, that lawyers representing the senior vice chancellor for academic affairs were involved in drafting the letter and that it was copied to two senior administrators.

Subramani told the faculty that he has since told Biernacki that he is free to publish his manuscript. He declined to say much more, citing what he said was the complexity of the matter and concerns about "due process" and "privacy" for those involved.

But faculty members said administrators must do more.

The resolution adopted by the faculty assembly specifically calls on the administration to “promptly and publicly” acknowledge a violation of academic freedom. It also calls for the taking of "concrete steps to better train the appropriate administrators, staff and academics about the nature of academic freedom rights."

The resolution goes on to state: "One goal of this training is to ensure that it is widely understood that prior restraint of scholarship cannot be justified."

Late Wednesday, UCSD spokesman Jeff Gattas issued a written statement on behalf of the administration. It also bore the name of professor Frank Powell Jr., president of the Academic Senate. It says, in part:

"We deeply regret that statements made by an academic administrator have led to questions about the administration’s commitment to academic freedom rights. The Academic Senate leadership and administration of the University of California San Diego unequivocally affirms our commitment to the principles of academic freedom."

Gattas and Powell said the administration will “redouble our efforts to ensure that every member of our administration fully understands” the responsibility to protect academic freedom.

During the assembly meeting Tuesday, a few speakers said they felt uncomfortable not knowing more details or the context of the dispute.

But others in the audience of approximately 100 people said the issue was one of overarching principle.

Sarah Schneewind, an associate professor of history, also is on the committee.

"It would be difficult to understand a universe where this would be permissible," she said, adding that if the administration does not correct the situation similar action "could apply to any one of us in the future."

The resolution, which was adopted on a 25-4 vote of the faculty’s elected representatives to the assembly, calls on the administration to take the requested steps within six months.

Biernacki, who attended the Tuesday meeting, said afterward, "I’m happy with the support of the Academic Senate for academic freedom at UCSD," he said. "But this issue has been going on for one year and 11 months. I think another six-month extension is unnecessarily long."